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Miami Slip & Fall Lawyer
If you’ve been injured in a slip and fall accident on someone else’s property, Morgan & Morgan’s slip and fall lawyers in Miami, FL may be able to help you recover compensation.
Slip and fall accidents happen all too often and are usually connected to preventable incidents. Property managers and owners must regularly review their property and take necessary steps to remove hazards and dangers. Failing to do so could expose visitors to unnecessary injuries and associated medical costs. While some people are lucky enough to walk away from a slip and fall with minor injuries, that is not the case for everyone.
As a result of this, Florida law has premises liability rules that enable those victims to recover compensation for their injuries. The support of qualified slip and fall lawyers in Miami, FL could help you to understand your legal rights, the timeframe in which you must open a lawsuit, and the best way to proceed forward with a case.
If a broken floorboard, poor lighting, an untightened handrail, or any other obstacle left you suffering with many injuries or substantial medical bills, this is not a burden you should take on yourself. It's far better to make sure that your lawyer is handling all the legal components of your claim.
To get started, contact Morgan & Morgan today for a free, no-obligation case evaluation.
Get answers to commonly asked questions about our legal services and learn how we may assist you with your case.
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What is The Responsibility of a Property Owner?
Although a property owner is not responsible for injuries that occurred as a result of an unknown dangerous property condition, they can be held liable if they knew or should have known that their property contained a hazard and did not repair this hazard or warn visitors about it. The property owner can also be held liable for negligence if the hazardous condition, such as a puddle of water, occurred regularly and was a foreseen hazard on the establishment, according to state law.
What Are Types of Dangerous Conditions?
Dangerous property conditions can include the following unmarked hazards:
- Wet and slippery floors
- Uneven sidewalks, carpets, walkways
- Unsafe terraces
- Potholes and uneven roads
- Inadequate lighting on a premises
- Unmaintained elevators or escalators
If a property owner is aware of a dangerous condition on their premises, they can take safe measures including:
- Placing a “wet floor” sign near a puddle
- Sectioning off and repairing uneven and cracked pavement
- Sectioning off and repairing unsafe stairways
- Replacing dead lightbulbs
- Clearing debris from areas where visitors may walk
If any of these conditions existed on the premises and the property owner knew about it and failed to make the appropriate repairs, you may be able to pursue a lawsuit.
What is The Attractive Nuisance Doctrine?
A property owner is generally not liable for injuries that occur on their property if the person injured was trespassing. However, under Florida law, one exception to this immunity is the “attractive nuisance doctrine.”
Under this statute, a property owner can be held responsible if a child is hurt due to hazards on their property that may attract the attention of children and entice them to trespass. These may include:
- Pools without secure fencing
- Improperly secured trampolines
- Abandoned appliances on a property
- Abandoned cars on a property
- Accessible drains, ponds, ditches
- Unlocked construction sites
It is a property owner’s duty to anticipate these dangers if children are likely to be present near the property and take reasonable measures to secure it.
How Can a Slip and Fall Attorney in Miami Help?
Our slip and fall attorneys in Miami will fight to prove negligence on the part of the property owner in order to support your claim. This may involve:
- Taking photographic evidence of the property hazard
- Collecting witness statements about the accident
- Reviewing video surveillance of the accident and premises
- Obtaining copies of the accident report
- Collecting and reviewing your medical records
Your attorney will use all of this information to try and prove that the property owner was negligent in maintaining the property where the accident occurred. Our slip and fall attorneys will also work to ensure that amount of compensation you seek is adequate to cover present and future medical expenses.
What is The Statute of Limitations?
The statute of limitation for filing a slip and fall lawsuit in Florida is four years after the date of the accident, according to state law, so it is essential to reach out to an attorney as soon as possible if you believe you are a victim of an accident caused by negligent property management.
How Much Does a Slip and Fall Attorney Cost?
Our Miami slip and fall attorneys at Morgan & Morgan work on a contingency-fee basis without upfront costs. This means that you only pay a reasonable fee if your attorney prevails in recovering compensation for your injuries, pain and suffering, and more.
What Can I Recover From a Slip and Fall Lawsuit?
If you or someone you love has been injured on another’s premises as a result of the negligence of the property owner, you may be entitled to compensation to cover medical expenses, pain and suffering, lost wages, and more. To learn more about what our Miami slip and fall attorneys can do for you, fill out our free, no-risk case evaluation form today.
Which Laws in Florida Protect Me in a Slip and Fall Case?
The primary law that impacts your ability to recover compensation is Florida's revised statute 768.0755. In order to be successful in a slip and fall lawsuit, you must show that the company or property owner failed to remedy a dangerous condition on their premises. You must also prove in your case that the company or business had constructive or actual awareness of the dangerous condition.
Florida law enables victims to bring this kind of evidence to recover compensation for non-economic and economic damages, including pain and suffering, lost wages at work, and medical bills.
The slip and fall laws in Miami and Florida, however, are very complex. There are detailed slip and fall laws that explain what a fall victim must prove in order to sustain a case. Fortunately, our slip and fall lawyers in Miami, FL have handled cases like this before and know what materials must be gathered in order to present a strong slip and fall case. We work as hard as possible to explore all potential avenues for the resolution of your case, which may also include conversations outside of court for settlement.
What Do I Need to Prove in a Florida Slip and Fall Case?
You will need to prove a number of factors in your case to succeed in a Florida slip and fall lawsuit.
First of all, you must show that you tripped or fell on a substance or obstacle, that this fall happened on someone else's property, and that the substance itself generated a hazardous condition. Further, you need to show that the property owner had constructive or actual awareness of the dangerous condition, should have corrected it, and failed to fix it. You can also show that the dangerous condition was present for a long enough period that the property manager or owner should have identified it, or they should have indicated that the hazardous condition occurred on a regular basis so that the property owner either was aware of it and failed to take corrective action or had reason to know about it. You may also be able to use certain pieces of evidence prepared by your slip and fall lawyers in Miami, FL, to illustrate that the responsible party did know about the dangerous condition and had appropriate time to fix the situation.
One common example is in relation to apartment complexes. You may be able to show that other residents on the property brought forward claims or concerns about the dangerous condition and that the owner of the property didn't do anything or didn’t do enough to rectify it.
It’s important to also recognize the time limit for filing a slip and fall case in Florida—four years. This means that from the date of your accident, you need to begin working on your lawsuit immediately. It is often in your best interests to communicate with slip and fall lawyers in Miami, FL early on.
When you begin the process of opening a lawsuit for a slip and fall, this starts with a summons submitted to the court. The complaint states the details of the case and that the claim is based on Florida's negligence laws. It is up to the plaintiff of the lawsuit to open a lawsuit and to bring forward proof showing that the defendant is responsible. To open a slip and fall lawsuit in Florida, the plaintiff turns in their complaint and summons to the court with a filing fee for the claim.
What if the Other Side Argues That I'm Partly Responsible?
Another important component of FL slip and fall laws is the concept of comparative negligence. This is the concept that people may share some level of fault for a slip and fall in Florida. The law recognizes that occasionally a victim and a property owner may have some level of responsibility for an accident.
Even if you are partially at fault for an accident, you may still be able to recover slip and fall damages. However, it is crucial to present evidence that minimizes this liability for you, especially if the other side is wrongfully alleging that you are partially responsible. Bear in mind that the compensation in your Florida slip and fall lawsuit will be reduced because of shared accountability for the accident. This is often one of the most complex aspects of Miami slip and fall cases, because the other side may try to argue that you are fully responsible for the accident or responsible enough that your damages would be significantly reduced.
The more evidence you have showing that the property owner or manager was wholly responsible, the easier it is to argue that they are the ones who should be held accountable for your injuries. If you have evidence from the scene of the accident, such as photos, videos, or statements from eyewitnesses, all of this information can help illustrate liability in the accident and reduce the possibility that the other party argues that you are partly responsible.
When Should I Hire Attorneys?
As soon as possible after you've been hurt in a slip and fall accident, you should retain the services of experienced and qualified slip and fall lawyers. Our slip and fall lawyers in Miami, FL know what it takes to bring forward a strong case and are prepared to begin gathering evidence as soon as possible. We know that it can seem overwhelming or even confusing at this early phase of your case, but communicating with the right attorney can start you on the path to recovery and allow you to get the compensation that you need.
If you still have questions about your slip and fall accident, contact Morgan & Morgan for a free, no-obligation case evaluation. Our Fee Is Free. You only pay if we win.
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